Many family lawyers will relay that there appears to be a disproportionate level of relationship difficulties where there is a significant g...

A recent View post mentioned the principle in relation to the probation on a trustee fettering its discretion. Arguably the leading case ex...

Ensuring an SMSF continues to satisfy the rules in relation trusteeship following a member’s death can be problematic, particularly when spe...

Posts over recent weeks have explored what issues a court will consider before a trustee of a trust is removed against their will. Many of t...

Last week’s post explored what issues a court will consider before a trustee is removed against their will and mentions the (in)famous decis...

Posts over the last 2 weeks have explored a number of aspects of the super death benefit case of Marsella. One other key aspect of the case ...

In recent years the number of reported decisions in relation to death benefit payments by SMSFs have increased significantly. This is parti...

Las week’s post looked at the original Ioppolo decision. This post considers the subsequent appeal decision in Ioppolo & Hursford v Cont...

The issue of whether the existence of a trust relationship should be disclosed to third parties, including banks and Titles Offices is ...

Over the last couple of weeks, the posts have focused on the various issues that arise in relation to having the one company act as truste...

As mentioned in last week's post, it is possible for the same company to act as trustee for a number of trusts. Such an arrangement...

Previous posts have looked at various issues that arise in relation to trustee companies (let me know if you would like access to any of ...

Following last week’s post, where I mentioned that, particularly in New South Wales, it is often the case that trustees are expressly pr...

As alluded to in last week’s post, utilising a corporate trustee as the corporate beneficiary of a trust can be a problematic approach. As...

Many specialist advisers to self managed superannuation funds ( SMSFs ) recommend the use of a corporate trustee, as opposed to individu...

One issue that is coming up increasingly regularly is changing trustees of either family trusts or self managed superannuation funds...

A structure diagram of the trust in  Harris v Harris  [2011] FamCAFC 245  For those that do not otherwise have access to the Weekly ...

As regular readers are aware, there have been numerous posts highlighting the importance of reading trust deeds and recently we had (yet...

As set out in earlier posts, and with thanks to the Television Education Network, today’s post addresses the issue of ‘How should a partne...

As highlighted in previous posts, it is critical to 'read the deed' when providing advice that involves a trust. Following last we...